News & Analysis as of

Marijuana Enforcement

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

Foley Hoag LLP - Cannabis and the Law

CCC Quietly Issues Guidance to Greatly Disrupt Advertising Practices

On May 21, the Cannabis Control Commission quietly published a bulletin on its website that will immediately impact retailers already struggling to maintain footing in the competitive Massachusetts market. The bulletin, which...more

Kohrman Jackson & Krantz LLP

Recreational Marijuana Use Becomes Legal in Ohio: Here is What Employers Need to Know

On November 7, 2023, Ohio voters passed An Act to Control and Regulate Adult Use of Cannabis (the Act), making Ohio the 24th state to legalize recreational adult use of marijuana. While Ohio and its Department of Commerce is...more

Foley Hoag LLP

New Regulatory Pathway for Cannabidiol Products May be Forthcoming

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The Food and Drug Administration (FDA) released a statement yesterday explaining its conclusion that a new regulatory pathway is needed to allow for greater oversight and to better manage risks associated with cannabidiol...more

Perkins Coie

New York Cannabis Co. Investor Suit Survives Motion To Dismiss

Perkins Coie on

The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more

Harris Beach PLLC

New York’s “Gray” Marijuana Market Target of Enforcement as Legal Cannabis Sales Ramp Up

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Call it a conundrum: the passing of the Marijuana Regulation and Taxation Act (“MRTA”) allowed New Yorkers 21 years or older to use recreational marijuana legally but provided no legal way to purchase it. The result was...more

AEON Law

Patent Poetry: Can cannabis patents be enforced?

AEON Law on

Under the illegality doctrine, courts won’t enforce contracts or claims based on illegal acts. As Bloomberg Law notes, The illegality doctrine comes from the Highwayman’s case, a 1725 case in which an English court...more

Farella Braun + Martel LLP

New Laws and Compliance Updates for California Employers in 2023

California has passed several new or amended employment laws covering topics ranging from off-duty marijuana use, reproductive rights, California Family Rights Act, COVID-19, criminal law and the workplace, new avenues of...more

Bradley Arant Boult Cummings LLP

Warning Sign? A New Round of FDA Warning Letters Over CBD Consumer Confusion May Signal a Shift in Government Enforcement

FDA warning letters are nothing new in the cannabis industry. In fact, we here at Budding Trends have covered this topic a number of times (here, here, and here). Not resigned to playing the hits, however, the FDA issued a...more

Lippes Mathias LLP

Tribal Regulation of Marijuana is a Public Health Imperative

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With the legalization of recreational marijuana sweeping across the states one-by-one—and the possibility of federal legalization—Tribes are in a unique position to capitalize on this emerging market. When Tribal governments...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Issues Impacting Arkansas/Missouri Municipal Utilities: SEMO-NEARK Annual Meeting Presentation

I undertook a presentation at the May 9th SEMO-NEARK annual meeting in Norfork, Arkansas, titled: Environmental Issues Impacting Arkansas/Missouri Municipal Utilities (“Presentation”) The Presentation focused on a...more

King & Spalding

FDA Regulation of Cannabis

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Agency Notice Touts Authority to Regulate Products Containing Cannabis and Cannabis-derived Compounds - On April 4, 2019, the U.S. Food and Drug Administration (FDA) published a notice in the Federal Register that it...more

Holland & Knight LLP

FDA Open to “Alternative Approaches” to Regulating CBD

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FDA has announced plans to seek congressional and stakeholder input on "possible alternative approaches" to regulating cannabis and cannabis-derived products. The announcement came as Commissioner Scott Gottlieb spoke on the...more

Nutter McClennen & Fish LLP

Nutter Bank Report, January 2019

New Data Breach Law Requires Free Credit Monitoring for Massachusetts Consumers - Recent amendments to the Massachusetts data security breach law will require any person – including, in relevant part, any bank or any bank...more

WilmerHale

Blurred Vision – Cannabis and Reporting

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On 17 October, Canada legalised the recreational use of marijuana, following the passing of The Cannabis Act 2018 this summer. This marks a further step in the drug's deregulation in Canada, where its medical use has been...more

Cozen O'Connor

The New York Note - June 2018 #3

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Marijuana Enforcement Policy Change - On Tuesday, New York City Mayor Bill de Blasio and Police Commissioner James O'Neill announced a new policy change regarding marijuana enforcement throughout the city. In a press...more

Brownstein Hyatt Farber Schreck

Attorney General Jeff Sessions Rescinds Federal Enforcement Policy Concerning Marijuana

So what does this actually mean? Potentially not much. Yesterday, Attorney General Jeff Sessions rescinded previous federal prosecutorial guidance that had been issued during the Obama administration regarding marijuana...more

Cozen O'Connor

Has the DEA Overstepped by Codifying Marijuana Extracts, Including CBD, as Schedule 1 Substances?

Cozen O'Connor on

At the end of 2016, the Drug Enforcement Agency (DEA) issued a new ruling, codified at 21 C.F.R. § 1308.11(d)(58), establishing all marijuana extracts, not just THC, as illegal under federal law. This has led to a controversy...more

Holland & Knight LLP

Legal Landscape and Guidance for Companies Involved in Marijuana Activity

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Many states now permit the use of marijuana for medical or recreational purposes and the federal government has revised certain enforcement policies related to marijuana-related crimes. The possession, use,...more

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